I work in a company under a limited labour contract. My contract is going to expire in September 2018. I am leaving work at the end of my labour contract but my employer has said that I must work for a notice period of three months. The notice period is not mentioned in my labour contract. The employer says if I don’t serve the notice period, he will not accept my resignation or pay my end-of-service dues. As per the UAE Labour Law, what is my position in this case?
I would advise the questioner that as per the UAE Labour Law, a limited labour contract ends at the time of its expiry date. Therefore, the questioner is not obliged to serve the notice period. In case he is leaving the job at the end of his limited labour contract especially when the employer is aware that the questioner’s labour contract is going to expire within two months, I only advise the questioner that he has to only inform the employer that he is not going to renew the contract and is leaving at the end of his contract.
Board meetings of LLC
I am a manager and partner in a limited liability company. My questions are: As per the UAE company law, is the board meeting mandatory every year? Does any one of the partner have the right to request for convening the meeting? What all items must be on the agenda of the general assembly to be discussed?
Article 92 of the UAE company law mentions the following:
Article 90 — Formation of the General Assembly and convening it:
1) The limited liability company shall have a General Assembly consisting of all partners. The General Assembly shall be convened by an invitation from the manager or the board of directors at least once in a year during the four months following the end of the financial year of the company. The General Assembly shall be convened at such a time and place as set out in the letter inviting members to convene.
2) The manager or the authorised manager shall invite the General Assembly members to convene upon the request of one or more partners holding at least one quarter of the capital.
Article 94 — The Agenda of the Annual General Assembly of a limited liability company shall include the consideration and decision-making on the following issues: (1) The manager’s report regarding the activity and the financial position of the company during the ended financial year, the auditor’s report and the supervisory board’s report; (2) the balance sheet and the account of profits and losses and the approval thereof; (3) the profits to be distributed among the partners; (4) to appoint the managers and determine their remuneration; (5) to appoint the members of the board of managers (if any): (6) to appoint the members of the supervisory board (if any); and (7) to appoint the members of the Internal Sharia Control Committee and the Sharia Controller if the company conducts its activity in accordance with the provisions of Sharia.
— Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.